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MEDICAL ENFORCEMENT
The Friend of the Court (FOC) is mandated to enforce Court Orders for
health care coverage, similar to the way the office enforces child
support and uninsured medical expense reimbursement. The FOC follows the
language of the Health Care provisions in each Order.
MIChild INSURANCE INFORMATION
If your child(ren) do not have health insurance, you may qualify for the
MIChild insurance program offered by the State of Michigan Department of
Community Health. The MIChild program is for working families that do
not qualify for Medicaid benefits, and do not have or cannot afford
insurance through their employment. More information about MIChild and
the application can be found at this link:
http://michigan.gov/mdch/1%2C1607%2C7-132-2943_4845_4931---%2C00.html
The State of Michigan Department of Community Health also offers the
Health Kids insurance program. Please follow this link to learn
more about this program and eligibility requirements:
http://www.michigan.gov/mdch/0,1607,7-132-2943_4845_5035-17752--,00.html
If you currently carry insurance for your children, please provide the
FOC with your current insurance information so that your file may be
updated. Please provide a copy of your insurance cards, front and back,
and tell us who is covered under the policy. You may use the FOC
Employment Verification Form to provide this information. The form can
be found at this link:
http://co.livingston.mi.us/CircuitCourtClerk/forms.htm
HEALTH INSURANCE REQUIREMENTS
Should there be any change in health insurance coverage, you must inform
the FOC office in writing. Currently the law requires that health care
coverage shall be maintained or coverage shall be obtained and
maintained by both parties, if available at a reasonable cost as a
benefit of employment or as an optional coverage for dependants on a
policy already obtained. Should neither parent have health care coverage
as a benefit of employment or they are unable to purchase same at a
reasonable cost, then neither party is required to obtain health care
insurance. However, all health care costs would be apportioned between
the parties in accordance with the medical percentage split established.
From time to time you may also receive notice to provide insurance
information so that we can update your file; this is a requirement of
both State and Federal Regulations.
NATIONAL MEDICAL SUPPORT NOTICE
Federal and State law now require that the Friend of the Court notify
each parent’s employer to enroll the dependent child(ren) in health care
coverage (medical insurance). The law requires employers to honor
Medical Support Orders established under State law.
When Medical Support is ordered, the Friend of the Court will send a
Notice of Order for Dependent Health Care Coverage to the employer of
the party Ordered to provide health care coverage along with
instructions for complying with the Order.
The notice:
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is sent when an Order is established and whenever the party’s
employment changes.
- directs an employer who has a family health care coverage option
available to the party who is an employee, to enroll the child(ren) from
the court case.
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takes immediate effect.
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will be sent to the party’s current and subsequent employers.
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may be contested by requesting an administrative review by the Friend
of the Court, but only on the basis of whether or not the health care
coverage is available at a reasonable cost. Note: there is no need to
contest if the employer does not provide coverage or if the children are
already enrolled in the employer’s family health care program.
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requires the parties to be notified of the enrollment and advise the
custodial parent of the coverage and how to use it.
The National Medical Support Notice and Instructions are available upon
request from the Friend of the Court.
REQUEST FOR REIMBURSEMENT OF HEALTHCARE EXPENSES
You may submit a request for healthcare expenses that are less than one
year old from the date of service if the other parent fails to respond
to your informal request. IF “ordinary medical expenses” are included in
your Support Order, total expenses must exceed the stated amount in your
Order ($289 or $345 per child per calendar year) before you may submit a
claim. Ordinary medical expenses include insurance co-payments and
deductibles, and most uninsured medical related costs for all children
in the case. The term “medical” includes treatments, services,
equipment, medicines, preventative care, similar goods and services
associated with oral, visual, psychological, medical, and other related
care provided or prescribed by a health care professional for the child(ren).
(2008 Michigan Child Support Formula Manual 3.04(A)(1). Routine remedial
care costs (e.g. first aid supplies, cough syrup, and vitamins) do not
qualify as medical expenses. (2008 Michigan Child Support Formula Manual
3.04(A)(2).
Procedures for Submitting Your Claim:
LIST OF ORDINARY HEALTH CARE EXPENSES: If you are required to meet an
annual ordinary medical expense threshold amount pursuant to your
support order ($289 or $345 per child per calendar year), you will need
to provide the other party with a list and copy of the receipts for your
total ordinary medical expenses once you have met that requirement.
If there is no provision for ordinary medical expenses in your support
order, it is not necessary to complete a list of ordinary health care
expenses. Please refer to your most recent Uniform Child Support Order
for verification.
If you are a non-custodial parent according to your Court Order, it is
not necessary for you to meet an annual ordinary medical expense
threshold before requesting health care reimbursement because this
expense is already incorporated in your child support obligation.
REQUEST FOR HEALTH CARE EXPENSE PAYMENT:
You may submit a request for healthcare expenses that are less than one
year old from the date of service if the other parent fails to respond
to your informal request. IF “ordinary medical expenses” are included in
your Support Order, total expenses must exceed the stated amount in your
Order ($289 or $345 per child per calendar year) before you may submit a
claim. Ordinary medical expenses include insurance co-payments and
deductibles, and most uninsured medical related costs for all children
in the case. The term “medical” includes treatments, services,
equipment, medicines, preventative care, similar goods and services
associated with oral, visual, psychological, medical, and other related
care provided or prescribed by a health care professional for the child(ren).
(2008 Michigan Child Support Formula Manual 3.04(A)(1). Routine remedial
care costs (e.g. first aid supplies, cough syrup, and vitamins) do not
qualify as medical expenses. (2008 Michigan Child Support Formula Manual
3.04(A)(2).
Procedures for Submitting Your Claim:
LIST OF ORDINARY HEALTH CARE EXPENSES: If you are required to meet an
annual ordinary medical expense threshold amount pursuant to your
support order ($289 or $345 per child per calendar year), you will need
to provide the other party with a list and copy of the receipts for your
total ordinary medical expenses once you have met that requirement.
If there is no provision for ordinary medical expenses in your support
order, it is not necessary to complete a list of ordinary health care
expenses. Please refer to your most recent Uniform Child Support Order
for verification.
If you are a non-custodial parent according to your Court Order, it is
not necessary for you to meet an annual ordinary medical expense
threshold before requesting health care reimbursement because this
expense is already incorporated in your child support obligation.
REQUEST FOR HEALTH CARE EXPENSE PAYMENT:
Once you have exceeded your annual ordinary medical amount ($289 or $345
per child per calendar year), if included in your Uniform Child Support
Order, list all of your additional out-of-pocket expenses on the Request
for Health Care Expense Payment form. Send your completed “request” form
to the other parent along with the copies of all the bills and receipts.
Allow at least 28 days for the other parent to make a payment directly
to you or to make payment arrangements with you. Payment arrangements
shall be in writing, signed and dated by both parties.
As an example:
| Child Receiving
Service |
Medical Provider
Name |
Service Date |
Service Type |
Total Medical Cost |
Amount Paid by
Insurance |
Balance Due |
Obligor's % |
Amount Owed by
Obligor |
| Jane |
Dr. Smith |
1/25/11 |
Orthodontics |
$4,000 |
$1,000 |
$3,000 |
50% |
$1,500 |
| John |
Dr. Jones |
3/19/11 |
Prescription co-pay |
$10 |
|
|
50% |
$5 |
In the event that the other parent fails to pay or make payment
arrangements for his/her portion of the expenses within 28 days, then
thereafter, you must complete the Complaint form and send the entire
form along with a copy of your Request for Health Care Expense Payment
form, all the bills and receipts to the Friend of the Court. Your
submission will be reviewed, signed, dated and mailed to the parties.
The party being requested to reimburse the medical expense then shall
have 21 days from the date the Complaint is signed by the Friend of the
Court staff member to submit a written objection as to why the requested
amount should not be added to their medical account. If objections are
received by the Friend of the Court Office within the appropriate time,
a hearing will be scheduled before a Referee and both parties will be
notified of the hearing date.
Pursuant to Michigan law (MCL 552.511a), Friend of the Court will send
copies of your documentation to the other parent along with an Objection
and Request for Hearing form. If the other parent fails to object within
the 21 day time period, the expenses may be added to the medical
reimbursement account at the Friend of the Court and enforced as an
arrearage. If the other parent files a timely objection to your
Complaint, the Friend of the Court will schedule a hearing and send
notice of the hearing date to both parties.
Additional Request and Complaint forms are available at the Friend of
the Court office located at 210 S Highlander Way, Suite 3, Howell
Michigan 48843 or at
http://co.livingston.mi.us/CircuitCourtClerk/forms.htm
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